State v. Ramirez

OPINION

NOYES, Presiding Judge.

The jury found Appellant guilty of first degree murder. His defense was that he had acted without premeditation and was therefore guilty of the lesser offense of second degree murder. Because the jury instruction and the State’s final argument erroneously implied that premeditation was an instant of time rather than actual reflection, we reverse and remand for new trial.

I

A young man named David knocked on the door of Appellant’s girlfriend’s townhouse. Appellant opened the door and greeted David with an aggressive handshake, as if trying to overpower him. The two…